Question from a reader:
Is it legally permissible to create and sell postcards of 19th-century paintings held by overseas museums without obtaining permission from the owners? Please let me know.

The Legal Aspects of Creating Postcards from 19th-Century Paintings Held by Overseas Museums

Hello, readers. Today, I would like to touch on a somewhat complex topic. Recently, I received a question
from a reader asking, “Is it legally permissible to create and sell postcards of 19th-century paintings held by overseas museums without obtaining permission from the owners?” This question is very intriguing from the perspectives of copyright, ownership, and cultural property. I often ponder this theme myself, so I would like to delve into its legal aspects this time.

Basic Knowledge of Copyright Law

First, let’s start with the basic knowledge that paintings are protected by copyright. Copyright is a law that grants certain rights to the author who creates a work, and it generally arises automatically at the time the work is created. In Japan, the protection period for copyright is set at 70 years after the author’s death. Now, considering 19th-century paintings, in most cases, the author is likely already deceased. This means that copyright has often expired. From a legal standpoint, this suggests that there is a high likelihood that selling postcards would not infringe on copyright. However, caution is necessary here. Just because copyright has expired does not mean that one can use the work unconditionally. In particular, museums that hold the work have ownership rights over it. Ownership rights and copyright are separate matters. Ownership rights pertain to physical objects, while copyright pertains to the creation itself.

Ownership and Cultural Property Issues

When it comes to paintings owned by museums, it is essential to consider the issue from the perspective of ownership rights. If the painting belongs to the museum, creating postcards using that painting without permission would pose legal issues. Since the museum holds physical rights to the work, using the painting without permission clearly constitutes an infringement of ownership rights. For example, when I visited a certain art museum, it was explained that a specific painting belonged to that museum’s collection. If I wanted to turn that painting into a postcard and sell it, I would need to communicate my intentions to the museum and obtain permission. If I acted without permission, I would likely find myself embroiled in legal troubles.

International Legal Perspectives

Next, let’s consider the international perspective. When using works held by overseas museums, it is also crucial to determine which country’s laws apply. For instance, U.S. copyright law or the European Union’s directives on cultural property could potentially influence the situation. Additionally, as there are movements advocating for the return of cultural property, the issue of ownership becomes even more complex. Using works that are protected as cultural property in one country without permission in another could raise international legal issues. Specifically, treaties related to the protection of cultural heritage, such as those from UNESCO, come into play.

Practical Case Study

Let’s consider a specific example. Suppose a reader wants to create postcards using paintings from the Louvre Museum in France. In this case, one would first need to contact the Louvre Museum and obtain permission for use. If one were to sell the postcards without permission, they could become the subject of litigation based on copyright or ownership laws. In fact, there have been similar cases that have led to lawsuits. An artist was sued for copyright infringement when they used a famous painting to sell products. Ultimately, the court ordered the artist to pay damages. This case illustrates how closely related ownership rights and copyright are.

Conclusion and My Opinion

In conclusion, creating and selling postcards of 19th-century paintings owned by overseas museums without permission poses legal issues. Even if copyright has expired, one cannot act without permission from the perspective of ownership rights. I believe this also reflects a matter of respect for art and culture. It is because of laws that art is protected. Since my student days, I have been interested in the issues surrounding law and art. Particularly, considering the power of art and the importance of its use, I feel strongly about the necessity of adhering to the law. I believe that ensuring fair transactions and use for artists, museums, and consumers contributes to the development of culture. Thus, considering art from a legal perspective is extremely important. Especially, having an international viewpoint will become increasingly necessary in the future of the art business. I hope that through this blog, you can deepen your understanding of art and culture.